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A. The City Council may prescribe local improvements by the adoption of a City Engineer recommendation, or by the filing of an owner's petition as authorized in this part. The Engineer recommendation or petition shall:
1. State the nature and location of the improvement or improvements to be made without mentioning minor details or incidentals;
2. Describe the local improvement district to be assessed by boundaries or other brief description.
B. Upon receipt of an owner petition, or drafting of an Engineer recommendation for Council, the Engineer shall prepare and present to the Council along with the Engineer recommendation or the petition:
1. Preliminary plans and specifications for the improvement or improvements;
2. An estimate of the probable total cost of the improvements and the district; and
3. A map of the local improvement district to be assessed.
C. Any estimate of cost required or authorized in this article shall not constitute a limitation upon the cost nor a limitation upon the rights and powers of the City Council or of any officers, agents or employees of the City, except as otherwise specifically stated.
D. Whenever necessary, rights of way for streets and alleys may be purchased or condemned by the City and the cost charged to the district. (Ord. 2771; Ord. 2786; 1968 Code §12-19; 1980 Code; Ord. 91-36; Ord. 01-42)
A. A public work or improvement, the costs of which in whole or in part are to be assessed by the City, may be initiated on written petition by the owner or owners of a three-fourths (3/4) majority of the frontage, of the area or of whatever other measurement constituting the basis for computation of assessments of the assessable property may be provided in the petition. Petition shall be filed with the City Engineer.
B. The petition may initiate the acquisition of any improvement which the City Council is authorized to initiate, subject to the following limitations:
1. The Council may incorporate the proposed improvement in any improvement district or districts initiated by the Council pursuant to section 3.5.103 of this part.
2. The Council may elect not to proceed with the acquisition of any proposed improvement or any part after holding a hearing on the proposed local improvement if the Council determines that it is not in the public interest that the proposed improvements or a part be made, and Council may modify the improvements, including, but not limited to, proposed materials and methods, as may be in the public interest.
3. The Council need not take any action upon receiving a petition if the Council determines by resolution that the acquisition of the improvements is not desired by the Council for a reason or reasons stated in that resolution. (Ord. 2771; 1968 Code §§12-10, 12-21; Ord. 81-195; Ord. 91-36; Ord. 01-42)
A. If the City Council approves the Engineer recommendation or the petition, then the City Council shall by resolution adopt the preliminary plans and specifications and the map of the Engineer for the proposed improvement. The resolution shall also find and state:
1. The extent of the local improvement district to be assessed (by boundaries or other brief description);
2. The kind of improvement or improvements proposed (without mentioning minor details);
3. The number of installments and the time in which the cost of the improvement or improvements will be payable;
4. The probable cost as shown by the total estimate of the Engineer, which shall not constitute a limitation upon the cost of the project nor for any other purpose;
5. The amount or proportion of the total cost to be paid by other than special assessments, if any;
6. The method of levying assessments; and
7. The approximate amount or share of the portion of the total estimate to be assessed against property specially benefited by the acquisition of the improvement or improvements proposed.
B. In the same resolution the Council shall fix a time and place for a public hearing. (Ord. 2771; 1968 Code §12-22; Ord. 91-36; Ord. 01-42)
A. The City Clerk shall cause a notice to be published for one day in a daily newspaper of general circulation in the City not less than ten (10) days prior to the hearing. The notice shall be addressed to the owners of assessable property in the local improvement district and to all persons interested generally and without naming the owners or persons, and shall state:
1. The kind of improvements proposed (without mentioning minor details or incidentals);
2. The number of installments and time in which the cost of the improvements will be payable;
3. The maximum rate of interest on unpaid installments;
4. The extent of the district to be assessed (by boundaries or other brief description);
5. The place and time when the City Council will consider the ordering of the proposed improvements and hear all complaints, opposition, protests and objections that may be made in writing concerning the improvements or proposed local improvement district, by the owner of any real property to be assessed or any person interested, and the last date by which complaints, opposition, protests and objections may be filed with the City Clerk; and
6. The fact that the petition or Engineer recommendation, and all information listed in the approving resolution are on file and can be seen and examined by contacting the office of the City Engineer during business hours, by any interested person.
B. In addition, the City Clerk shall address or cause to be addressed to each property owner to be affected by the proposed improvements one objection blank and a copy of this notice at least ten (10) days before the date fixed for the hearing as set forth in the resolution, addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of El Paso County, Colorado.
1. Failure To Receive Notice: Whenever any notice is mailed, as required in this article, the fact that the person to whom it was addressed does not receive it, or that the address used by the City was not accurate, shall not in any manner invalidate or affect the proceedings.
2. Notice To Inform Property Owners: The City Council hereby finds, determines and declares that the giving of notice in accord with this article is reasonably calculated to inform the owners of property to be assessed of the hearings provided by this article, and that the giving of any further notice is impractical and unnecessary to the assurance of due process of law to the property owners. (Ord. 2771; 1968 Code §§12-23, 12-88, 12-89; Ord. 91-36; Ord. 01-42)
A. Any property owner who wishes to object to the improvements in whole or in part shall, no later than the date set forth in the resolution for filing objections, file in writing with the City Clerk any complaint, opposition, objection, or protests, on an objection blank furnished by the City Engineer.
B. The blanks on which complaints, opposition, objections, or protests shall be submitted shall provide a place for the interested person to designate the complaint, opposition, objection, or protests; a space in which that person may state reasons or other remarks concerning the complaint, opposition, objection, or protest, and a place for the signature of the person.
C. Property owners or other persons to be affected by the proposed improvements, in the event they do not receive a blank or a written notice addressed to them by the City Clerk or City Engineer, may secure either or both by calling in person or through their duly authorized attorney in fact at the Office of the City Engineer.
D. Any objection to the regularity, validity and correctness of the proceedings prior to the date of the hearing shall be deemed waived unless presented in writing in substantially the same form, at the time and in the manner specified. (Ord. 2771; 1968 Code §§12-24, 12-25, 12-26; Ord. 83-72; Ord. 91-36; Ord. 01-42)
In all proceedings and notices authorized by this article, figures may be used instead of words and it shall not be necessary in an improvement district to designate each piece of real estate in the district separately but general description and quantities may be used except in the assessment rolls, and except in assessments any cost stated may be stated as being a probable amount per front foot, or per square foot, or per lot of a given size and proportionate amounts for other lots, or when a different method of assessment is provided, then as being subject to that method. (Ord. 2771; 1968 Code §12-90; Ord. 01-42)
A. City Council Responsibilities: At the public hearing, the City Council shall:
1. Review the plans, specifications, and other preliminary documentation prepared by the City Engineer which were required by the resolution;
2. Hear all complaints, opposition, objections, or protests; and
3. Determine whether the local improvement or improvements shall be acquired, in whole or part, and shall establish any local improvement district needed to acquire those improvements.
B. Presentations: On the date fixed for the public hearing on the proposed local improvements, any and all persons interested in the improvements may appear in person and be heard. The City Council may limit the time for presentation by any individual or organization.
C. Adjournment: The City Council may adjourn the hearing from time to time.
D. Legality Of Objections: Whenever an objection or a remonstrance of a property owner or owners against public improvements purported to be executed under the authority of this chapter is filed with the City Council, the Council shall determine whether or not the remonstrance is legally sufficient under the requirements of this chapter. The determination shall be final and conclusive as the legal sufficiency of the remonstrance.
E. Determination By Motion: The Council may elect not to proceed with the acquisition of any proposed improvement or any part after holding the hearing on the proposed local improvement if the Council determines by motion that it is not in the public interest that the proposed improvements or a part be made, and Council may modify the improvements, including, but not limited to, proposed materials and methods, as may be in the public interest.
F. Owner Surety:
1. The City Council may, at the public hearing on the petition, require by resolution that the owner or owners provide a cash deposit or a written pledge of property in at least an amount or value sufficient to defray the expenses and costs of the acquisition of the improvement designated in the petition. If the deposit or pledge is not given to the Chief Financial Officer within twenty (20) days after passage of this resolution, then the petition shall be deemed denied and the acquisition of the improvement or improvements shall not proceed.
2. An additional deposit or pledge by the owner or owners may from time to time be required as a condition precedent to the continuation of action by the City.
3. If a deposit or pledge is made and the Council determines that the acquisition is not feasible within a reasonable period of time, the Council may require that all or any portion of the costs incurred by the City in connection with the petition, acquisition, or proceedings, shall be defrayed from the deposit or the proceeds of the pledged property.
G. Council May Stop Proceedings: If, after hearing the complaints, objections, opposition and protests and reviewing all information deemed relevant by the Council, the City Council determines that the local improvement or any part is not in the public interest, or that the proposed improvements or any part should not be made and paid for either out of the general fund or by any method of assessment, then the Council shall by motion make an order to that affect and the proceedings for approval of the improvements, or the part deemed not desirable by the Council's order, shall stop.
H. Improvements Authorized Over Objections: If, after hearing the complaints, objections, opposition and protests, and reviewing all information deemed relevant by the Council, the City Council determines that the local improvements, or any part, should be authorized and made after the Council shall have found and declared by a majority vote that the public interest requires the making of the improvements or any part, then the Council shall order that the approved improvements and local improvement district be authorized and created by ordinance.
I. Proceedings Modified, Limitations: All proceedings may be modified or rescinded wholly or in part by resolution adopted by the City Council at any time prior to the passage of the ordinance authorizing the project. No substantial change in the district, details, preliminary plans or specification or estimates shall be made after the first publication or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed district. The Engineer, however, shall have the right to make minor changes in time, plans and materials entering into the work at any time before its completion.
J. Engineer To Prepare And Present Modifications: If after the hearing the Council wishes to modify the improvements of the local improvement district, the City Council shall direct the Engineer to prepare and present to the Council:
1. A revised and detailed estimate of the total cost, including, without limitation, the cost of constructing and otherwise acquiring each proposed improvement and of each of the incidental costs, which revised estimate shall not constitute a limitation for any purpose;
2. Full and detailed plans and specifications for each proposed improvement designed to permit and encourage competition among the bidders, if any improvement is to be acquired by contract; and
3. A revised map showing the location of each improvement and the real property to be assessed.
K. Approval: Whenever a revised estimate of cost, full and detailed plans and specifications, and map are prepared for, presented to and are satisfactory to the Council, then the Council shall order that the approved improvements and local improvement district, as amended, be authorized and created by ordinance. (Ord. 2771; 1968 Code §§12-10, 12-24, 12-27, 12-28, 12-29, 12-30, 12-31; Ord. 81-195; Ord. 83-72; Ord. 91-36; Ord. 01-42; Ord. 11-19)
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